In Dorman v. The Charles Schwab Corporation, the Court ruled that ERISA claims could be subject to arbitration. A class action suit was brought by a former participant in an ERISA retirement plan, alleging that defendants violated ERISA and breached their fiduciary duties by including certain investment funds in the plan.  Initially, the trial court denied defendants’ motion to compel arbitration of claims based on the case Amaro v. Continental Can Co., 724 F.2d 747 (9th Cir. 1984), which held that ERISA claims are not arbitrable.  The Appellate Court reversed. It concluded that Amaro was no longer good law in light of intervening Supreme Court case law, including American Express Co. v. Italian Colors Restaurant, 570 U.S. 228 (2013). As the basis for the ruling was no longer good law, it ruled that ERISA claims could be forced into arbitration.

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